Terms and Conditions

CC MARKETPLACE MEMBER AGREEMENT

TERMS OF USE

CC Marketplace provides this Web site (the "Site") as a service to its customers and the community. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. CC Marketplace may change these Terms of Use from time to time, at its sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes.

SECTION 1: GENERAL PROVISIONS

1.1 USE OF INFORMATION AND SOFTWARE AVAILABLE ON THE SITE

You acknowledge that CC Marketplace reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.

Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, or other types of content), is the property of CC Marketplace and/or its suppliers or licensors. Any software or files available to download from the Site is the copyrighted work of CC Marketplace and/or its suppliers or licensors. Use of such software is governed by the terms of any End User License Agreement included herein. Copying the software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the End User License Agreement.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

1.2 USER PRIVACY INFORMATION

In general, people may visit the Site while remaining anonymous and not revealing any personal information. CC Marketplace does use "cookie" technology to obtain non-personal information from its on-line visitors, and to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. In addition, you may be required to provide certain personal information, such as your name, address, and email, before you can participate in certain portions of the Site. CC Marketplace does not sell to third parties information you have submitted to this Site that identifies you personally.

1.3 USER FEEDBACK AND IMPROPER TRANSMISSIONS

Except for personal information, if you transmit to or otherwise provide to CC Marketplace any feedback such as questions, comments, suggestions, or the like ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. CC Marketplace shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to CC Marketplace, you are deemed to grant to CC Marketplace a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.

You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam", or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, CC Marketplace will have no liability related to the content of any such communications.

You may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.

You are also prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information.

1.4 DELETION AND LOCKOUT

Failure to adhere to any of these Terms of Use may result in messages and/or posted information being blocked, deleted from the Site and possible lockout. CC Marketplace also reserves the right to take any actions it deems necessary or appropriate to protect the Site and its content.

1.5 FRAMING AND DEEP LINKING

You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You are prohibited from "deep linking", whereby you use the content from the Site with any other web site via active linking or data mining.

1.6 VIOLATION OF TERMS OF USE

You acknowledge that CC Marketplace has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of CC Marketplace, interfere with any other user's access or use of the Site, or if CC Marketplace decides that your use is otherwise detrimental to CC Marketplace, the Site, or CC Marketplace's suppliers or licensors. If you believe that someone has violated these Terms of Use, please contact CC Marketplace. CC Marketplace may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. CC Marketplace does not have any obligation or liability to you for the performance or nonperformance of those activities.

1.7 GENERAL

These Terms of Use are governed by the laws of the State of California, without regard to the rules of conflict which may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of California in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The failure of CC Marketplace to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

SECTION 2: DISCLAIMERS, EXCLUSIONS, LIMITATIONS

For avoidance of doubt, please note that the term "Site" as used in this Section 2 encompasses all content of this Site whatsoever.

2.1 DISCLAIMERS

THE SITE IS PROVIDED BY CC MARKETPLACE "AS IS" AND WITH ALL FAULTS. CC MARKETPLACE AND ITS SUBSIDIARIES, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS OR ITS OPERATION. CC MARKETPLACE SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. CC MARKETPLACE AND ITS SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY. CC MARKETPLACE AND ITS SUBSIDIARIES, AND AFFILIATES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.

2.2 EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CC MARKETPLACE OR ITS SUBSIDIARIES, AND AFFILIATES OR THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF CC MARKETPLACE AND ITS SUBSIDIARIES AND AFFILIATES, THEIR SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF CC MARKETPLACE, AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 3: COPYRIGHT POLICY AND CONTACT INFORMATION

3.1 COPYRIGHT COMPLAINT POLICY

CC Marketplace is particularly concerned about copyright infringement. We expect the users of the Site to respect the copyrights of others. It is a violation of the Terms of Use for a user to post material that infringes the copyrights of others.

CC Marketplace may, under appropriate circumstances and in accordance with the Terms of Use, terminate the accounts of users who post material that CC Marketplace has reason to believe infringes on the copyrights of others.

In accordance with the Digital Millennium Copyright Act ("DMCA") Pub.L.N. 105-304, 112 Stat.2860 (28 Oct, 1998)] of the United States of America, CC Marketplace has appointed a Designated Agent to receive notification of claimed copyright infringement. If you believe that your copyrighted work has been infringed, you must provide a written notification of claimed infringement containing the following information:

1. The physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

2. A description of the material you claim has been infringed;

3. A description of the claimed infringing material, including information describing its location on the Site;

4. Your name, address, telephone number, and email address;

5. A statement by you that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, the copyright owner's agent, or the law; for example, "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."

6. A statement by you that the information you have provided is accurate and, under the penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the copyright owner. For example, "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the paper.

Please provide all of the information listed above, or we may not able to process your complaint.

Send your notification of claimed infringement to CC Marketplace's Designated Agent for copyright complaints as follows:

    CC Marketplace

    Attn: Designated Copyright Agent

    6618 Orion Ave

    Van Nuys, CA 91406

Alternatively, fax the document to (520)844-2700. On the cover sheet, please write ATTN: DMCA NOTIFICATION

Please note that any information provided under this Complaint Policy, including the original notification and any responses to it, may be shared with others as deemed by CC Marketplace necessary or appropriate to process your notification.

To file a counter-notification:

  1. List the in-world items that were removed by the CC Marketplace administrators, and the location at which the material appeared before it was removed. Please identify the object in sufficient detail.
  2. Provide your name, address, telephone number, email address (if available).
  3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Los Angeles, if your address is outside of the United States).
  4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
  5. State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  6. Sign the paper.

Send the written document to the designated Copyright Agent at CC Marketplace:

    CC Marketplace

    Attn: Designated Copyright Agent

    6618 Orion Ave

    Van Nuys, CA 91406

Alternatively, fax the document to (520)844-2700. On the cover sheet, please write ATTN: DMCA COUNTER-NOTIFICATION

3.2 CONTACT INFORMATION

If you have any questions about the practices of this Site, or your dealings with this Site, you can contact the Manager at the following address and email:

    Manager, Website Operations

    CC Marketplace

    6618 Orion Ave

    Van Nuys, CA 91406

FAQ’s

How do I make a DMCA notification or counter-notification?

    Please follow the instructions above precisely, including only the enumerated information. Inclusion of any information beyond the specifically required information and optional information listed above could significantly impede review of your attempted notification. You may find it simplest to cut-and-paste the numbered items above and use them as headings for the information you are submitting.

How does CC Marketplace determine who "wins" and "loses"?

    CC Marketplace does not adjudicate the substance of the copyright claim: we do not declare winners and losers. Your copyright in an item is determined in the real world, by real-world processes including the DMCA. The DMCA process allows users of an online service to resolve copyright disputes using the adjudication systems available in the real world.

Can I submit my notices over email?

    Unfortunately, email addresses posted on public website pages quickly become the target of spam, making it difficult to review legitimate communications. Please submit information as requested above; if digital files are necessary to identify materials in question, we can make arrangements for digital delivery.

I don't agree with the required statements. Do I have to state these things?

    We will not accept notices under the DMCA that do not include the statements required by the DMCA.

Can you change the DMCA process?

    The Digital Millennium Copyright Act is federal law, passed by the United States Congress. CC Marketplace does not have the power to change congressional acts.

Why is CC Marketplace imposing liability for damages for false claims of copyright infringement?

Can CC Marketplace give me legal advice concerning my claim?

    CC Marketplace cannot provide legal advice to you. If you are uncertain about any legal issues, you are well-advised to obtain the services of a competent legal professional.

Do you terminate accounts based on DMCA claims?

    If CC Marketplace believes that a member is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party's account. Keep in mind though, that CC Marketplace’s actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems.

Where can I find more information about the DMCA and other copyright laws?